[ILUG] More patent ammo
daniel.goldsmith at gmail.com
Fri Jul 16 11:21:56 IST 2004
On Fri, 16 Jul 2004 10:17:44 +0100, kevin <kevin at cybercolloids.net> wrote:
> The main problem is young bright guys who
> don't really know the industry and a patent lawyer who is happy to patent it
> because it "not obvious".........trouble is not obvious to patent lawyer
> might be screamingly obvious to someone "versed in the art" as they like to
> say in their pompous manner. Regularly reviewing patents seriously undermines
> your faith in the patent system!!!
ISTM that the actual trouble is that the entire patent system , which
is based on R&D, sciences and so forth, is entirely being foisted upon
the legal world. Look at the complexity inherent in any recent
treaties on patent recognition. These treaties are proposed, lobbied
for and generated by industry and politicos.
Industry, having created a monster, then realises that it needs
someone with insurance to blame if the whole R&D budget goes down the
swanee - hence lawyers come into the game - professionals with huge
Of course a lawyer won't know that something which has taken years of
R&D isn't innovative and an improvement upon the state of the art. The
Lawyer gets his instructions from his client - the patentor He doesn't
just go around filling up patent applications for a laugh in between
rounds at the golf course, much as that may seem to be the case.
The patent issue has become the modern day hydra. Every time a small
victory is won against it, out pop a few new heads, each more vicious
than the last. But blame the politicos and lobbyists, not the guy who
fills in the forms.
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